Ohio House Bill No.96, March 29, 1892

"[House Bill No. 96]

AN ACT

To authorize the county commissioners of Hamilton county, Ohio, to purchase all or any part of the Cincinnati, Montgomery, Hopkinsville, Sharpsburg, Rochester and Clarksville turnpike, known as the Cincinnati and Montgomery turnpike, situate, lying and being in said county of Hamilton, and to maintain the same as a free turnpike.

        Section 1. Be it enacted by the General Assembly of the State of Ohio, That the board of county commissioners of the county of Hamilton, be and it is hereby authorized to purchase for said county all that part of the Cincinnati, Montgomery, Hopkinsville, Sharpsburg, Rochester and Clarksville turnpike, known as the Cincinnati and Montgomery turnpike, situate, lying and being in the county of Hamilton, and thereafter to be a free turnpike and kept in repair as other free turnpikes in said county. When purchased, and before any payment is made therefor, the owner or owners to execute to the county of Hamilton a good and sufficient deed of conveyance and to the satisfaction of said board of county commissioners.
        Section 2. That in case said board of county commissioners and the owners of said Cincinnati, Montgomery, Hopkinsville, Sharpsburg, Rochester and Clarksville turnpike, known as the Cincinnati and Montgomery turnpike, can not agree upon a purchase price, said board and owners may cause an appraisement thereof to be made by three disinterested freeholders of said county, one to be selected by said board, one by said owners, and the third appraiser to be chosen by the two appraisers selected as aforesaid.
        Section 3. That the appraisers selected and chosen under the provisions of this act shall, under oath upon actual view, appraise that portion of the Cincinnati, Montgomery, Hopkinsville, Sharpsburg, Rochester and Clarksville turnpike, known as the Cincinnati and Montgomery turnpike, which the said county commissioners may determine to purchase, located in said county at its true value, and make return in writing of their appraisement within ten days after their qualification. If the owner or owners refuse to sell at the appraised value, or if the said board refuse to complete the purchase at the appraised value, the said county commissioners shall, within twenty days thereafter, proceed in their name to ascertain and adjust the compensation for said turnpike, or any part thereof, under and in accordance with the law providing for the appropriation of private property for street purposes by corporations. And when the value of said property has been fixed by the jury, the said board of county commissioners shall take the same and proceed forthwith to issue the bonds hereinafter provided for, and with the fund thus realized, pay the amount of said compensation addressed by the jury, and the costs.
        Section 4. That for the purpose of providing funds to pay the purchase price or compensation for said Cincinnati, Montgomery, Hopkinsville, Sharpsburg, Rochester and Clarksville turnpike, known as the Cincinnati and Montgomery turnpike, said board of commissioners is hereby authorized to issue the bonds of said county in such amounts and payable at such times not exceeding twenty years from the date of the same, as to said board may seem proper, bearing a rate of interest not exceeding four per cent. per annum, payable semi-annually. Said county bonds shall not be sold or otherwise disposed of at less than their par value. The bonds to be issued not to exceed five hundred dollars nor less than fifty dollars in denomination.
        Section 5. The said county commissioners are hereby authorized to levy annually, in addition to their other powers of taxation, upon all the taxable property in said county, a sum sufficient not exceeding one seventy-fifth of a mill annually to pay the interest on said bonds, and to create a sinking fund for the final redemption thereof.
        Section 6. This act shall take effect and be in force from and after its passage.

ELVERTON J. CLAPP,

Speaker pro tem. of the House of Representatives
ANDREW L. HARRIS,

President of the Senate

Passed March 29, 1892.

181L"

This bill allowed Hamilton County to purchase Montgomery Pike and maintain it as a free public road. The private ownership of the road had been a sore point for the Village of Norwood for years. The road ran through the heart of the village and the private ownership had hindered the village's desire to have streetcar tracks laid in that road and the need to built and maintain the intersections of the connecting streets.

OHIO HOUSE BILL NO. 96